TORTS AND LIABILITY IN THE DIGITAL AGE

Abstract

The emergence of digital technologies and the fact that the world trade is becoming more connected has challenged the form of interaction in the society, which posed a challenge to the applied convention in the torts and liability laws of the land. In this chapter, the author explores a rather complicated connection between emerging digital technologies and the norms of tort law in India. It discusses conventional legal principles and their response to the challenges of artificial intelligence, blockchain, and the Internet of Things (Akpobome, 2024). It examines the question of whether the principles of Indian tort law as currently in place are able to be previously relevant to autonomous systems and algorithmic decision injuries and damages, i.e. negligence, strict liability and product liability. It is concerned with issues of proving supplementary causation and culpability in the cases when AI systems inflict harm, in light of the new global jurisprudence on this subject (Nolan and Matulionyte, 2023)(Giuffrida, 2024). It further explores the need to have new legal frameworks that would help facilitate accountability and offer a solution in a more interdependent and automated digital world (Buiten et al., 2023). This chapter will address the modern trends in liability of AI-associated injuries because at present, the existing legal frameworks are undergoing changes, though all the current principles can currently be adaptable (Price et al., 2022). There is also nothing new with the fundamental concepts of the tort law, their applicability to healthcare AI systems, requires some care to make sure to draw specific dissimilarity, both in what the AI system is doing and what it is doing, in order to create massive liability (Borges, 2021). This will presuppose a shrewd analysis of such concerns as AI opaqueness that complicates people in understanding how complex AI systems make their choices, thus augmenting the troubles of committing traditional tort judgments (Fraser et al., 2022).